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ITAT Indore

Section 143(2) Notice Mandatory for Valid Section 143(3) Assessment: ITAT Indore

April 28, 2026 462 Views 0 comment Print

The Tribunal restored appeals dismissed for non-prosecution, citing pandemic-related disruption and sufficient cause. It directed fresh adjudication while imposing costs on the assessee.

ITAT reduces Section 271(1)(b) Penalty by 50% on Consensus Basis

April 26, 2026 396 Views 0 comment Print

The case involved penalty for failure to respond to statutory notices during assessment. The Tribunal reduced the penalty after both parties agreed on a lower amount to resolve the dispute.

Failure to attach audited accounts with Form 10B: ITAT Allows Exemption Claim

April 26, 2026 243 Views 0 comment Print

The issue involved denial of exemption for failure to attach audited accounts with Form 10B. The Tribunal held such lapse to be procedural and directed reconsideration, emphasizing that substantive compliance cannot be denied for technical defects.

LTCG Addition Deleted: No Evidence Linking Assessee to Penny Stock Scheme

April 2, 2026 828 Views 0 comment Print

The issue involved denial of LTCG exemption based on allegations of penny stock manipulation. The Tribunal held that without direct evidence or nexus, such additions cannot be sustained.

Mismatch in Payment & Share Allotment Dates Raises Doubts; ITAT Indore Remanded Matter for Fresh Examination

March 29, 2026 606 Views 0 comment Print

The Tribunal found inconsistency between payment date and share allotment date, raising doubts about the transaction. It held that these factual issues require verification. The matter was remanded to the AO for fresh examination.

ITAT Deletes Penny Stock Addition as Shares Were Purchased in Earlier Assessment Year

March 27, 2026 981 Views 0 comment Print

The Tribunal found that the AO wrongly taxed an investment in an incorrect assessment year. Evidence showed the purchase occurred earlier than the year under consideration. The decision highlights the importance of correct year-wise taxation.

Penalty for Non-Compliance Cannot Stand When Assessment Is Completed Under Section 143(3)

March 12, 2026 546 Views 0 comment Print

The ITAT Indore held that penalty under Section 272A(1)(d) cannot survive where the assessment is completed under Section 143(3) after considering the taxpayer’s delayed submissions, as such compliance effectively condones earlier defaults.

Trust Registration Rejection Set Aside Because Technical Error in Application Is Not Valid Ground

March 9, 2026 3408 Views 0 comment Print

The Tribunal ruled that a bona fide technical mistake in selecting the wrong section code while applying for registration cannot lead to rejection of the application. The matter was remanded to the Commissioner (Exemption) for reconsideration on merits.

Capital Gains Reassessment Remanded Because AO Failed to Refer Stamp Valuation to DVO Under Section 50C

March 4, 2026 630 Views 0 comment Print

ITAT Indore held that stamp duty valuation cannot be adopted without considering Section 50C(2)/(3). The matter was remanded for DVO reference and fresh computation.

ITAT Allows Re-Computation of Leave Encashment Exemption Because CBDT Raised Limit to ₹25 Lakh

March 4, 2026 5586 Views 0 comment Print

The Tribunal held that the revised ₹25 lakh exemption limit for leave encashment under Section 10(10AA) must be considered and remanded the matter to the Assessing Officer for recomputation. The decision emphasizes applying the enhanced limit even for earlier assessment years where judicial precedents support the claim.

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